Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices 38791 

from impulse sources and 120 dB re 1 

μPa (rms) from non-impulse sources), 

are expected to cause brief startle 

reactions or short-term behavioral 

modification by the animals. These brief 

reactions and behavioral changes are 

expected to disappear when the 

exposures cease. Therefore, these levels 

of received underwater construction 

noise from the proposed Manette Bridge 

replacement project are not expected to 

affect marine mammal annual rates of 

recruitment or survival. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

required mitigation and monitoring 

measures, NMFS finds that the Manette 

Bridge replacement project will result in 

the incidental take of small numbers of 

Pacific harbor seals, California sea lions, 

and gray whales by Level B harassment 

only, and that the total taking from 

harassment will have a negligible 

impact on the affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

There are two marine mammal 

species and two fish species that are 

listed as endangered or threatened 

under the ESA with confirmed or 

possible occurrence in the study area: 

Eastern North Pacific Southern Resident 

killer whale, Eastern U.S. Steller sea 

lion, Chinook salmon, and steelhead 

trout. Under section 7 of the ESA, the 

Federal Highway Administration 

(FHWA) and WSDOT have consulted 

with NMFS Northwest Regional Office 

(NWRO) on the proposed Manette 

Bridge replacement project. In a memo 

issued with its August 3, 2009, 

Biological Opinion, NMFS NWRO 

stated that the proposed bridge 

replacement may affect, but is not likely 

to adversely affect the listed marine 

mammal species and stocks. On May 28, 

2010, FHWA requested the reinitiation 

of section 7 consultation with NMFS 

NWRO on the newly ESA-listed three 

Puget Sound rockfish species. The 

consultation is expected to be 

completed in July 2010. 

The issuance of an IHA to WSDOT 

constitutes an agency action that 

authorizes an activity that may affect 

ESA-listed species and, therefore, is 

subject to section 7 of the ESA. As the 

effects of the activities on listed marine 

mammals and salmonids were analyzed 

during a formal consultation between 

the FHWA and NMFS, and as the 

underlying action has not changed from 

that considered in the consultation, the 

discussion of effects that are contained 

in the Biological Opinion and 

accompanying memo issued to the 

FHWA on August 3, 2009, pertains also 

to this action. Therefore, NMFS has 

determined that issuance of an IHA for 

this activity would not lead to any 

effects to listed marine mammal species 

apart from those that were considered in 

the consultation on FHWA’s action. 

Although the reinitiation of section 7 

consultation by FHWA on three Puget 

Sound rockfish species is still on-going, 

NMFS does not expect that the outcome 

would affect NMFS’ action in issuing an 

IHA for the incidental take of marine 

mammals. 

National Environmental Policy Act 

(NEPA) 

To meet NMFS’ NEPA requirements 

for the issuance of an IHA to the 

WSDOT, NMFS has prepared an 

Environmental Assessment (EA) that is 

specific to the construction and 

demolishing activities associated with 

the Manette Bridge replacement project 

in Bremerton, WA. NMFS has prepared 

an EA titled Issuance of an Incidental 

Harassment Authorization to the 

Washington State Department of 

Transportation to Take Marine 

Mammals by Harassment Incidental to 

Manette Bridge Replacement Project in 

Bremerton, Washington, that evaluates 

the impacts on the human environment 

of NMFS’ authorization of incidental 

Level B harassment resulting from the 

specified activity in the specified 

geographic region. The NMFS has made 

a Finding of No Significant Impact 

(FONSI) and, therefore, it is not 

necessary to prepare an environmental 

impact statement for the issuance of an 

IHA to WSDOT for this activity. A copy 

of the EA and the NMFS FONSI for this 

activity is available upon request (see 

ADDRESSES). 

As a result of these determinations, 

NMFS has issued an IHA to the WSDOT 

to conduct construction and 

demolishing activities associated with 

the Manette Bridge replacement project 

in Bremerton, WA, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: June 29, 2010. 

Helen Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–16370 Filed 7–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, July 7, 2010; 

2 p.m.–3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

MATTERS TO BE CONSIDERED: 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: June 29, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–16499 Filed 7–1–10; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, July 7, 2010, 

10 a.m.–12:30 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: 

1. Decisional Matters: (a) 

Accreditation for Third Party 

Conformity Assessment Bodies for 

Testing for Children’s Products: Carpets 

and Rugs; and (b) Accreditation for 

Third Party Conformity Assessment 

Bodies for Testing for Children’s 

Products: Vinyl Plastic Film. 

2. Cribs—Notice of Proposed 

Rulemaking (NPR). 

3. Interim Policy and Partial Lifting of 

the Stay on Component Testing and 

Certification of Children’s Toys and 

Child Care Articles to the Phthalates 

Limits. 

A live Webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 


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